Those who violate our laws better watch out’: Schreiber on crackdown on undocumented foreigners

Home affairs minister Leon Schreiber has highlighted the ongoing efforts of the department, despite resource constraints.
South Africa has intensified its crackdown on undocumented migrants in recent months, underscoring a commitment to uphold the rule of law.

Emphasising the seriousness of these efforts, home affairs minister Leon Schreiber said: “Let the message spread far and wide: the rule of law is not optional in South Africa.
“Tonight, people are behind bars because they thought they could play games with our immigration laws. Criminals better beware of the modernised and effective Team Home Affairs we are building.” 

This comes after home affairs raided the infamous Babel restaurant in Menlyn, Pretoria, over allegations of exploitation by one of its former employees. Two employees were charged for working without having the necessary documentation to work in South Africa.  The employer was charged for employing undocumented immigrants.

Schreiber highlighted the ongoing efforts of his department despite scarce resources. “Despite resource constraints, Team Home Affairs continues to ramp up operations to restore the rule of law. Our immigration officers are on the ground with other agencies as we speak. Those who violate our laws better watch out because we are building a stronger home affairs,” he said.
Crime stats presented by former Gauteng police commissioner Elias Mawela for the first quarter of 2023 revealed the scale of the challenge.“For the period under review, we have arrested a total of 9,393 undocumented people,” he said.
“Some of them are linked to illegal mining. The DPCI [Directorate for Priority Crime Investigation] has also arrested 89 suspects from their 40 high-level operations. The work is continuing.”

The “Migration Profile Report” released in March by Stats SA provides further insight into immigration trends in South Africa. The report indicates that the majority of migrants entering South Africa come from countries in the Sadc region. In 2022 this region accounted for 83.7% of the total immigrant population — in contrast to the 4.9% from the UK and Europe, down from 22.3% in 2001.

Employment trends reveal that the proportion of employed immigrants in the workforce has increased from 6.0% in Q3 of 2012 to 8.9% in Q3 of 2022. Stats SA notes that immigrants are predominantly employed in private households (18.4%), followed by construction (17.2%) and wholesale and retail trade (13.6%).
Labour migration often stems from conditions such as poverty, unemployment, political instability or discrimination in the their home countries. According to Quarterly Labour Force Survey (QLFS) data, the unemployment rate among immigrants was 15.6% in 2012, increasing slightly to 18.4% in 2017 before dropping marginally to 18.2% by 2022.
The labour force participation rate (LFPR) for immigrants showed a slight decrease from 77.5% in 2012 to 77.3% in 2017, with a modest increase to 78.3% in 2022.

Stats SA also highlighted the complexities associated with labour migration, including exploitation, discrimination and unsafe working conditions. “Migrants may face exploitation, discrimination and abuse, including unsafe working conditions, low wages and violations of their human rights,” said Stats SA.

“Labour migration is a complex and multifaceted phenomenon that plays a crucial role in shaping societies and economies around the world. While it offers opportunities for economic advancement and cultural exchange, it also poses significant challenges that require co-ordinated and comprehensive responses at local, national and international levels.”


Police officers arrested for forging Home Affairs statements, securing bail for foreign nationals who then disappear


Two police sergeants, Ethel Ndifheleni Baloyi and John Moeketsi Maoba, both aged 42, have been arrested and charged on 12 counts of fraud and 12 counts of defeating the administration of justice.
Gauteng spokesperson for the Hawks, Lieutenant Colonel Lloyd Ramovha said the police officers were allegedly submitting fraudulent Department of Home Affairs statements, resulting in the release of suspected illegal immigrants.
The foreign nationals released on bail would subsequently evade trial.

Two police sergeants, Ethel Ndifheleni Baloyi and John Moeketsi Maoba, have been released on R1,000 bail each.
“It is with a sense of duty and commitment to justice that we report the successful execution of arrest warrants for two police officials implicated in serious crimes,” said Ramovha.
“They were arrested on Friday, 17 January 2025, following an investigation into a criminal case that was registered at Bekkersdal police station in February 2024.”
The Hawks’ serious corruption investigation ensued shortly after a complaint was lodged by a representative of the Westonaria court.

Ramovha said the allegations made by the court official were based on suspicion of fraudulent activities and obstruction of justice by the pair of police officers who are both stationed at Bekkersdal police station, in Westonaria.
 “The officers were accused of submitting fraudulent Home Affairs statements, resulting in the release of suspected illegal immigrants on bail who subsequently evaded trial. A thorough investigation by West Rand-based serious corruption investigation confirmed the fraudulent nature of the statements,” said Ramovha.
The matter was then referred to the Director of Public Prosecutions, who determined that the police officers should be prosecuted.

They appeared in the Randfontein Magistrate’s Court on Monday, and their bail application was heard on Tuesday.
Sergeants Baloyi and Maoba were granted R1,000 bail each. The matter was postponed to February 27.
Meanwhile, Gauteng head of the Hawks, Major General Ebrahim Kadwa has welcomed the arrest.
“This statement reflects our unwavering commitment to upholding justice and integrity within our ranks,” said Kadwa


Hiring foreigners in South Africa - Legal must-haves for employers


For certain positions, employers must prepare a skills transfer plan to ensure that skills are being transferred to South African employees.

As South Africa’s economy becomes increasingly integrated with global markets, businesses are seeking foreign talent to fill critical roles.
Hiring a foreigner in South Africa is not as straightforward as recruiting a local candidate, however. South African labour law imposes strict requirements that employers and foreign employees must meet to ensure compliance. Employers who fail to adhere to these regulations risk facing penalties, reputational damage or legal action.

While the South African business landscape thrives on diversity, under the Immigration Act employers are prohibited from hiring a foreigner unless they possess a valid work visa.
Additionally, the Employment Services Act mandates that employers must first ensure that no suitable South African citizen or permanent resident is available to fill the position before considering a foreign worker.
These laws aim to balance South Africa’s need for skilled labour with the protection of local workers.

When hiring a foreigner, employers should be diligent in gathering these crucial documents:
1. Work Visa: A valid work visa is non-negotiable. The visa must correspond to the type of work the foreigner will be performing (for example general work visa, critical skills visa, intra-company transfer visa).
2. Proof of Qualifications: Employers should verify that the foreign worker possesses the qualifications and skills claimed. In some cases, qualifications obtained abroad may need to be verified through the South African Qualifications Authority (SAQA).
3. Passport: A valid passport with at least 30 days' validity after the intended departure date from South Africa.
4. Proof of Residence: Foreign employees must provide evidence of legal residence in South Africa. This could be a residential lease or proof of accommodation.
5. Employment Contract: A written employment contract outlining the terms and conditions of employment is essential. This contract must align with South Africa’s labour laws and regulations.
6. Skills Transfer Plan: For certain positions, employers must prepare a skills transfer plan to ensure that skills are being transferred to South African employees.
7. Tax Documentation: Employers must ensure the foreigner is registered with Sars and has the appropriate tax clearances in place.

Employers who hire foreign nationals without valid work visas may face hefty fines or even imprisonment. Non-compliance with these regulations can result in severe penalties, including fines of up to R100,000.
The department of home affairs conducts regular audits to ensure compliance, and businesses found in violation of immigration or labour laws could also be banned from employing foreigners in future. It is therefore crucial for employers to adhere strictly to these legal requirements to avoid legal repercussions and ensure a smooth hiring process.

By understanding and complying with these legal requirements, South African businesses can successfully integrate foreign talent into their workforce, driving innovation and growth while staying within the bounds of the law.

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Stop Deportation Of Illegal Foreigners: Western Cape High Court Warns Authorities
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South Africans' fave holiday spots that stood the test of time


South Africans know what they like – and they stick to it. Creatures of comfort, we love our turquoise coastlines and rand-friendly destinations, returning to them again and again, even amidst changing global travel trends. Think Mauritius, Zanzibar, Thailand, and Turkey.

“We always get asked what’s changed since the pandemic, but if you were to do a snapshot of our top destinations and routings, it’s very much what it was pre-COVID. South Africans return to the popular favourites,” says Sue Garrett, General Manager of Supply, Pricing & Marketing at Flight Centre Travel Group (FCTG).

Why South Africans return to the same holiday destinations
The appeal of visa-free travel reigns supreme. “Visa requirements tend to influence travel choices significantly – our top holiday destinations are often visa-free spots. South Africans don’t want the hassle of securing visas, which is why they regularly go to places like Mauritius or Zanzibar year after year,” explains Garrett.

As mentioned, favourable exchange rates play a crucial role too. Destinations like Thailand and Turkey offer South Africans more bang for their buck, allowing holiday spending on experiences rather than just basics.
Regarding local destinations, returning to favourites like Sun City, KZN and the Garden Route gives South African holiday-goers that much-desired sense of reliability and safety.

"Our top domestic destinations over the December 2024/January 2025 summer season were Cape Town, Johannesburg, Durban, Port Elizabeth and George,” says Euan McNeil, Managing Director at FCTG South Africa. “These tried-and-tested locations remain popular because they're seen as safe, affordable, and reliable.”

Favourite international holiday destinations
According to McNeil, Flight Centre South Africa’s top 5 international destinations (for 1 December 2024 to 30 January 2025) are the UK, Australia, UAE, USA and Thailand.
“The bulk of our bookings for Thailand, Mauritius, UAE, Indonesia (including Bali) and Tanzania (including Zanzibar) were in December,” explains McNeil. “South Africans can’t resist visa-free destinations – especially if they have offer bang-for-buck, all-inclusive packages, warm water and beautiful beaches!”

McNeil explains that the bulk of travel to European destinations (including Italy, UK, Turkey, France, Greece and Spain) happens in August and September – as South Africans tend to avoid the cold of a European winter!

Local heroes
Closer to home, Cape Town and Plettenberg Bay in the Western Cape, Umngazi in the Eastern Cape, and Ballito and Southbroom in KwaZulu-Natal remain firm favourites for domestic holidays, offering South Africans familiarity and safety without having to dig out the passports – and, of course, those beautiful beaches and balmy lagoons.
Their affordability and being close to home means extended family and friends can join the exodus to the nation’s best beaches. This social aspect of going on holiday together is another major driver for Saffer travellers, especially over the festive season when quality time with loved ones is even more prized.


Parliament’s Home Affairs committee rallying behind Minister Leon Schreiber to modernise the department


Parliament’s Home Affairs committee chairperson Mosa Chabane commended Minister Schreiber’s efforts to turn the ship around with more mobile trucks and self-help kiosks to improve customer service.

    Department of Home Affairs
    Leon Schreiber

Parliament’s Home Affairs committee rallying behind Minister Leon Schreiber to modernise the department

FILE: Department of Home Affairs. Picture: Sethembiso Zulu/Eyewitness News

CAPE TOWN - Parliament’s Home Affairs committee is rallying behind Minister Leon Schreiber to modernise the department.

The committee further says it will back a request for it not to be forced to use the State Information Technology Agency (SITA) for its systems.

Briefing the media in Parliament on Tuesday, chairperson Mosa Chabane said there were still too many hiccups with the department’s IT system impacting the digitisation drive and negatively impacting customer service.

Parliament's Home Affairs committee said corruption would continue to dog the department if it doesn’t fully digitise the application process for national documents.

Chabane commended Minister Schreiber’s efforts to turn the ship around with more mobile trucks and self-help kiosks to improve customer service.

But Chabane said the long queues witnessed by the committee during oversight visits remain a concern.

He acknowledged the long downtimes are often beyond the department’s control.

“All the departments have indicated that they have challenges with the network of SITA. And all of us as a portfolio committee, in fact, have raised it with the minister of Home Affairs even in the sixth administration that there should be possible exemption for the security cluster and, in particular, Home Affairs from the services of SITA.”

The committee has suggested the department consider whether the system the South African Revenue Service uses might be suitable for its own use and to improve customer service